After months of delays, a long-awaited Fatal Accident Inquiry is set to begin into the deaths of three infants who passed away in circumstances "giving rise to serious public concern".
Hearings will get underway on January 9 at Glasgow Sheriff Court and are expected to continue until the beginning of March.
Unusually for a high-profile FAI, virtually nothing is known about what happened to lead the Crown Office to instigate these proceedings.
Ahead of the inquiry getting underway, Procurator Fiscal Andy Shanks, who leads on death investigations for COPFS, said: “Following a detailed investigation, the Procurator Fiscal decided that it was in the public interest to hold a discretionary joint Fatal Accident Inquiry to look at the full circumstances surrounding the tragic deaths of Leo Lamont, Ellie McCormick, and Mira-belle Bosch and hopefully help avoid such deaths happening again.
“The families will continue to be updated as the Inquiry progresses.”
What is a Fatal Accident Inquiry?
Under Scots law, an FAI must be held if an individual has died while in legal custody (for example, an inmate in prison) or whenever someone dies in an accident while at work.
However, the Crown and Procurator Fiscal Office (COPFS) also has the discretion to hold an FAI if its investigations suggest that the circumstances surrounding a death mean it would be in the public interest to do so.
FAI hearings are open to the public and the purpose is to establish what happened to cause "a sudden, unexplained or suspicious death" in order to prevent future deaths in similar circumstances.
An FAI can be held in a court, another public building or online.
At the end of the FAI, it is up to the Sheriff to produce a determination setting out what happened, what led to the death, and what precautions could have been taken to avoid it.
Why has this FAI been called?
At this stage, it is unclear what happened.
The FAI is concerned with investigating the deaths of three babies: Leo Lamont, Ellie McCormick, and Mirabelle Bosch, but it is unclear exactly where or when they died or the circumstances surrounding these tragic events.
The first details emerged in July 2022, when a notice from the Crown Office stated: "The Lord Advocate having considered that the deaths of Leo Lamont, Ellie McCormick, and Mira-Belle Bosch, occurred in circumstances giving rise to serious public concern and that it is in the public interest for a public inquiry to be held into the circumstances of the death."
It is known that Leo Lamont was born on 15 February 2019; Ellie McCormick on 4 March 2019; and Mirabelle Bosch on 2 July 2021.
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Who is taking part?
It has been confirmed that representatives from two health boards - NHS Lanarkshire and NHS Greater Glasgow and Clyde - have been called to give evidence at the FAI, indicating that they were involved in some way in the infants' care.
The Scottish Ambulance Service will also take part.
Other witnesses include midwives, doctors, paramedics, clinical academics, and family members.
Do we know anything else?
Although very little has been disclosed publicly, the parents of baby Mirabelle - Eckhardt and Rozelle Bosch - described her experiences as "traumatic" in an online message posted in 2022 when the couple were fundraising £5000 for their legal costs.
They said they had been advised to hire legal representation to "bring before the court the traumatic circumstances surrounding her birth and death" at an estimated cost of £300 per hour for 16 hours.
Having successfully raised the funds, they thanked well-wishers but added that they "have been advised not to give any further public updates regarding the case...in light of the complexity and sensitivity of the matter".
It is known that expert reports have been prepared for the inquiry by consultant obstetrician, Dr Rhona Hughes, the doctor who delivered former Prime Minister Gordon Brown's son, John, in 2003 at Edinburgh Royal Infirmary.
A preliminary hearing in August 2023, was told that an initial report by Dr Hughes "potentially criticised a number of clinicians", but that subsequent documentation had been "very helpful" in narrowing the focus down to a single doctor.
How long will the FAI last?
The inquiry is scheduled to take place at Glasgow Sheriff Court on January 9,10,11,12,15,16,17,18,19,22,23,24,25, and 26, with subsequent hearings on February 28, 29, and March 1.
It is understood that the evidence will focus initially on the circumstances surrounding Mirabelle's death, then that of Ellie, and finally Leo.
Cause for delays?
Originally, the inquiry was expected to take place over four weeks beginning in May 2023, but the timetable was subsequently was pushed back to a start date of August 15 2023.
This was delayed again by a request by lawyers for an additional supplementary report to be carried out addressing questions surrounding the death of Leo Lamont.
NHS Greater Glasgow and Clyde then submitted a motion seeking to postpone the January 2024 dates due to diary clashes affecting its legal team, but this was retracted when it emerged that the mother of Leo Lamout - Nadine Rooney - was pregnant with a due date of late March or early April.
Speaking during a preliminary hearing in August 2023, Sheriff Principal Aisha Anwar - who is presiding over the inquiry - stated: "I regret that we are dealing with families who have tragically lost three children and now we have the news of the pregnancy of one of the mothers who has been involved - I think it is incredibly important that we press ahead."
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